"After hearing the counsel at length and having given our deep consideration to all aspects of the matter, we are of the view that the matter arising out of interim application be remanded to the single Judge for a fresh consideration and for a conclusive determination ...," Justices B D Ahmed and Vibhu Bakhru said.
Former President of Delhi Bar Association, Rajiv Khosla, and six Bar Associations of lower court had contended the Delhi High Court Bar Association (DHCBA) executive committee had "unlawfully and arbitrarily" amended its Constitution and election rules without prior approval of the general body.
It had also noted that the interim relief was sought after the election process had been set in motion.
Hearing their appeal, the division bench said "it would be appropriate that the learned single Judge considers the matter in the backdrop of the factual matrix of the case".
The bench said the the matter is listed before the single Judge on December 5 for a fresh consideration. The election is scheduled on December 13.
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